FSW 2014 Applicants Timeline- Lets Network Here.
11. Procedure: Assessing the application against selection criteria..... 8)
For the purposes of determining whether a skilled worker, as a member of the Federal Skilled Worker Class, has the ability to become economically established in Canada, officers will assess the applicant against the selection criteria set forth in R76(1).
Based on the information and documents provided in the application, officers will award the applicant points against the following six selection factors:
Education (Section 11.1);
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Official language proficiency (Section 11.2);
Work experience (Section 11.3);
Age (Section 11.4);
Arranged employment (Section 11.5); and
Adaptability (Section 11.6).
The CIO will only assess applications that have met all the minimum requirements against the selection criteria, and will award points against each of the six selection factors.
If the applicant’s total score is equal to or greater than the pass mark set by the Minister, then the CIO will forward the entire application, including the result of their initial assessment against the selection criteria, to the office identified by the applicant for processing on the IMM 0008 for a final decision.
If the applicant’s total score is less than the pass mark set by the Minister, then the CIO will make a negative selection decision, record the outcome and reasons in GCMS, and send a letter to inform the applicant that their application has been refused (see Appendix C sample letter).
Note: The CIO will only make negative selection decisions. Only the responsible processing office will make positive selection decisions, taking into account, but not limited to, the initial assessment against selection criteria made by the CIO. In making a negative selection decision, officers should clearly state the reasons for their decision in GCMS.
11.1. Education
To be awarded points for education, the applicant must provide evidence that they have earned a Canadian secondary or post-secondary educational credential AND/OR submit their completed foreign educational credential and the equivalency assessment (ECA report) issued by a designated organization or institution. The ECA report must indicate an equivalency to a completed Canadian secondary or post-secondary educational credential.
In order to obtain maximum points for education, applicants may submit evidence of more than one completed educational credential. However, any completed foreign educational credential submitted must be accompanied by an ECA report. For example, an applicant may have completed a Canadian post-secondary program and the equivalent of a Canadian post-secondary program of three years or longer at an educational institution outside of Canada. In this case, the applicant would submit proof of the completed Canadian educational credential, the completed foreign educational credential, and the ECA report demonstrating its equivalency to a completed Canadian post-secondary program credential.
R78(2)(b) provides that points shall be awarded on the basis of the completed Canadian educational credentials or equivalency assessments (ECA reports) submitted in support of the application for permanent residence that result in the highest number of points.
Note: Once the minimum education requirement has been met, should applicants wish to claim additional points for education, they must submit an equivalency assessment (ECA report) for those completed foreign educational credentials for which they wish to be awarded points.
Pursuant to R78(1), officers should assess the application and award the applicant up to a maximum of 25 points for education as follows:
Educational credential
Points
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University-level credential at the Doctoral level [R78(1)(g)]
25
University-level credential at the Master’s level OR an entry-to-practice professional degree. CIC only accepts as an entry-to-practice professional degree, those degrees issued in relation to an occupation listed at NOC Skill level A and for which licensing by a provincial regulatory body is required, in one of the following fields of study:
Medicine,
Veterinary Medicine;
Dentistry;
Podiatry;
Optometry;
Law;
Chiropractic Medicine; and
Pharmacy.
23
Two or more post-secondary program credentials AND at least one of these credentials was issued on completion of a post-secondary program of three years or longer [R78(1)(e)]
22
Post-secondary program credential of three years or longer [R78(1)(d)]
21
Two-year post-secondary program credential [R78(1)(c)]
19
One-year post-secondary program credential [R78(1)(b)]
15
Secondary school (high school) credential [R78(1)(a)]
5
Note: R78(2)(a) provides that, except as set out in R78(1)(e) where points are awarded for two or more post-secondary educational credentials, points shall not be awarded cumulatively on the basis of more than one educational credential.
Note: Refer to Appendix E for tables that cross reference equivalency assessment (ECA report) outcomes provided by designated organizations or institutions with the education points grid.
Designated assessment organizations
Applicants who list “Specialist physician – NOC 3111 or General practitioners and family physicians – NOC 3112” or “Pharmacist – NOC 3131” as their primary occupation in their application must submit an ECA report issued by a designated professional body. At the time of publication, designated professional bodies for equivalency assessments are:
Medical Council of Canada (MCC)
Pharmacy Examining Board of Canada (PEBC)
Applicants listing any other occupation as their primary occupation in their application are free to submit an ECA report from any one of the following designated assessment organizations:
Comparative Education Service (CES), University of Toronto
International Credential Assessment Service of Canada (ICAS)
World Education Services (WES)
Concerns with respect to the authenticity of foreign educational credentials
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Pursuant to R75(8), an equivalency assessment (ECA report) is conclusive evidence that an applicant’s completed foreign diplomas, certificates or credentials are equivalent to completed Canadian educational credentials as defined in section 6.5.
Equivalency assessments will include an assessment by the designated organization or institution of the authenticity of the completed foreign diploma, certificate or credential. This assessment provided by the designated organization or institution is not conclusive evidence of the authenticity of the foreign educational credential.
If an officer has concerns about the authenticity of the applicant’s foreign educational credential(s), they must, in accordance with the principles of procedural fairness, communicate these concerns to the applicant and afford them an opportunity to respond to those concerns and provide additional information and/or documentation. Officers should first contact the CIO in order to obtain access to the online verification system of the designated organization or institution in order to validate the source documents assessed for the purposes of issuing the ECA report.
11.2. Official language proficiency
This content has been moved as part of our efforts to modernize operational guidance to staff. It can now be found in the Language requirements section.
11.3. Work experience
To be eligible for points, the applicant’s work experience must:
have occurred during the 10 years immediately preceding the date of application;
have been acquired in occupations listed at Skill Type 0 (Managerial occupations), Skill Level A (Professional occupations) or B (Technical occupations and skilled trades) of NOC 2011;
not be in an occupation that has been designated by the Minister as a restricted occupation; and
have been full-time paid work (or the equivalent in paid part-time work).
Pursuant to R80, officers should assess the application and award the applicant up to a maximum of 15 points for work experience as follows:
Number of years of work experience
1 year
2 – 3 years
4 – 5 years
6 or more years
Points
9
11
13
15
11.4. Age
Pursuant to R81, officers should award the applicant up to a maximum of 12 points for their age on the date their application is received at the CIO as follows:
Age
Points
18 to 35 years of age
12
36 years of age
11
37 years of age
10
38 years of age
9
39 years of age
8
40 years of age
7
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41 years of age
6
42 years of age
5
43 years of age
4
44 years of age
3
45 years of age
2
46 years of age
1
Under 18 years of age or 47 years of age or older
0
11.5. Arranged employment
Pursuant to R82(2), up to 10 points will be awarded to an applicant for arranged employment if they are able to perform and are likely to accept and carry out the employment and meet the requirements for a valid offer of employment. The requirements to be awarded points for a valid offer of employment depend on the applicant’s circumstances, and are summarized in the table below.
The applicant must submit the necessary documentation specified in the application kit to substantiate that they have a valid offer of employment. If employment is arranged and the required documentation is submitted between the date of application receipt at the CIO and assessment at the visa office, officers will award points for arranged employment.
Note: No points shall be awarded for arranged employment if the employer making the offer is an embassy, high commission or consulate in Canada or appears on the list of employers referred to in R203(6).
If the applicant…
And…
Points
is currently working in Canada on a work permit that was issued based on a positive ESDC Labour Market Opinion (LMO) with respect to employment in an occupation listed in Skill Type 0, Skill Level A or B of the NOC (R82(2)(a))
the work permit is valid at the time the application for permanent residence is made;
the applicant is currently working for an employer specified on the work permit; and
the current employer has made an offer to employ the applicant on a full-time, non-seasonal, indeterminate basis in a NOC 2011 Skill Type 0, Skill Level A or B occupation in Canada once a permanent resident visa, if any, is issued.
Note: the applicant must hold a valid work permit or be authorized to work in Canada under R186, at the time the permanent resident visa (if any) is issued. The LMO need not be valid on the date the application is received.
10
is currently working in Canada on a work permit
the work permit is valid at the time the application for
10
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that was issued:
in an ESDC-LMO exempt category under the North America Free Trade Agreement, the General Agreement on Trade and Services, or the Canada-Chile Free Trade Agreement (i.e., pursuant to R204(a)); or
in respect of a Canada-Provincial/Territorial agreement (i.e., pursuant to R204(c)).
(R82(2)(b))
Note: Officers should extend this LMO exemption to GATS intra-company transferees whose work permit was issued under R205(a) with LMO exemption code C12.
permanent residence is made;
the applicant is currently working for an employer specified on the work permit; and
the current employer has made an offer to employ the applicant on a full-time, non-seasonal, indeterminate basis in a NOC 2011 Skill Type 0, Skill Level A or B occupation in Canada once a permanent resident visa, if any, is issued.
Note: the applicant must hold a valid work permit or be authorized to work in Canada under R186, at the time the permanent resident visa (if any) is issued.
does not hold a valid work permit and is not authorized to work in Canada under R186 on the date the application for permanent residence is made (R82(2)(c))
a prospective employer has made an offer to employ the applicant on a full-time, non-seasonal, indeterminate basis in a NOC 2011 Skill Type 0, Skill Level A or B occupation in Canada if the permanent resident visa, if any, is issued; and
the offer of employment has been approved by an officer based on a positive ESDC LMO.
Note: The LMO must be valid on the date the application is received. If it is not valid, the application should be assessed as having no LMO.
10
holds a valid work permit or is authorized to work in Canada under R186 and:
the circumstances referred to in R82(2)(a)(ii) and (iii) and R82(2)(b) do not apply – for example, the applicant has an offer of employment from an employer other than the one for whom they are currently working, or they are currently working in a job in an ESDC-confirmation exempt category other than those outlined in R82(2)(b) – for example, the applicant currently holds an open work permit.
the work permit or authorization to work under R186 is valid at the time the application for permanent residence is made;
a prospective employer has made an offer to employ the applicant on a full-time, non-seasonal, indeterminate basis in a NOC 2011 Skill Type 0, Skill Level A or B occupation in Canada if the permanent resident visa, if any, is issued;
the offer of employment has
10
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(R82(2)(d))
been approved by an officer based on a positive ESDC LMO.
Note: the applicant must hold a valid work permit or be authorized to work in Canada under R186, at the time the permanent resident visa (if any) is issued.
Note: The LMO must be valid on the date the application is received. If it is not valid, the application should be assessed as having no LMO.
Bridging open work permit
Foreign nationals in Canada who have received a positive determination of eligibility decision under the Federal Skilled Worker Class, and whose current temporary resident work permit is due to expire, may require facilitation that enables them to maintain their status and continue working in Canada while they await a final decision on their application for permanent residence in the Federal Skilled Worker Class.
To be eligible for a bridging open work permit, an applicant under the Federal Skilled Worker Class must meet the following requirements:
they are currently in Canada;
they have valid status on a work permit that is due to expire within four months;
they have received a positive determination of eligibility decision on their application (i.e. the “Ministerial Instructions” status has be set to “Met” or a positive final determination of eligibility for processing letter has been sent); and
they have made an application for an open work permit.
If they are found eligible by the processing office, and there are no medical, criminal or security concerns, the foreign national will be issued an open work permit for a duration of one year from the date of issuance.
Note: Taking advantage of the bridging open work permit option has no impact on a skilled worker’s eligibility to earn points for arranged employment at the time of visa issuance. An applicant in the Federal Skilled Worker Class who has received a positive eligibility decision with an offer of arranged employment will not be found ineligible for points under R82(2) or permanent residence should they meet the criteria specified above and be issued a bridging open work permit. However, if the applicant’s choice to change employers results in the original employer withdrawing or no longer supporting the original offer of arranged employment, then the onus is on the applicant to satisfy an officer that they meet the arranged employment requirement with their new employer (i.e., NOC 0, A or B occupation, new LMO and new qualifying offer of employment).
Role of ESDC in assessing offers of employment
ESDC is legislatively mandated to provide an opinion, on the same basis as an opinion provided for the issuance of a work permit, namely that the requirements set out in R203(1) with respect
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to an offer of employment in an occupation listed in Skill Type 0 (Managerial occupations), Skill Level A (Professional occupations) or B (Technical occupations and skilled trades) of the NOC have been met.
For the purpose of assessing arranged employment in the Federal Skilled Worker Class, officers should treat all LMOs equally, regardless of whether the LMO was issued in support of an application for permanent residence or for a work permit.
In assessing the offer of employment, ESDC verifies the following:
the genuineness of the offer of employment and the history of the employer;
that the job offer is for permanent, full-time, non-seasonal work;
whether the employment is likely to have a neutral or positive effect on the Canadian labour market; and
for employers that have received an LMO in the previous two years, the assessment considers employer compliance with respect to the terms and conditions approved by ESDC in relation to wages, working conditions and occupation.
ESDC requires employers to submit certain supporting documentation with their LMO application. This documentation is listed on the LMO application form available on the ESDC website.
Validity of the ESDC assessment
Prior to visa issuance, officers must verify in GCMS that the positive LMO relating to the offer of employment has not been revoked or cancelled. Officers should also ensure that no adverse information on the employer has since come to light by referring to the “List of Ineligible Employers” on the CIC web before visa issuance.
To verify the positive LMO decision relating to an offer of employment, visa offices must ensure that the ESDC system file number is entered in the “ESDC File #” field under the Economic Column in the IMM screen. Officers should click on the “ESDC view” tab, and then click on “Refresh” in order to obtain the most current ESDC information. Alternatively, if the ESDC file number is not available, the visa office can conduct a search in the “SEARCH>Employment Validation” screen by entering the applicant’s name and date of birth. Officers should review the “ESDC Comments” field for any information entered by an ESDC/Service Canada officer during the assessment.
In all cases, officers may contact employers to verify that the offer of permanent (indeterminate) employment is still valid. Should officers see the need to confirm certain details about the job offer and documentation provided in support of a recent ESDC assessment, they should first review the “ESDC Comments.” If more information is still required, officers may contact ESDC at: This will help eliminate any duplication of effort between CIC and ESDC as there may be information not found in GCMS that was acquired by ESDC during their assessment of the employer’s LMO application.
Following consultation with ESDC, officers may contact the applicant and/or employer for further information or clarification regarding details of the job offer, including addressing any concerns about the genuineness of the job offer.
Note: Officers should be satisfied that the offer of employment is still valid. There may be instances where an LMO issued by ESDC has expired while the application for permanent residence was in process. In such cases, officers may still issue a permanent resident visa, if
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required, if they are satisfied that the offer of employment is still valid and if ESDC has not cancelled the LMO.
Licensing and certification
The majority of licensing and certification requirements for certain occupations in Canada cannot be satisfied from outside of Canada. As such, visa officers should not penalize applicants for not meeting Canadian licensing or certification requirements.
However, officers must be satisfied that the applicant is likely to accept and capable of performing the employment being offered to them, and can with reasonable probability be expected to qualify for licensing/certification once in Canada. In making this determination, visa officers may take into account the applicant’s education and training, background, and prior work experience.
If officers should have any concerns with respect to the applicant’s ability to perform or likelihood to accept and carry out the employment being offered to them, the officer should communicate these concerns to the applicant and provide them with an opportunity to respond.
Suspected fraud
In cases of suspected fraud or concerns of bona fides in relation to an offer of employment, officers should contact applicants and employers for clarification or information.
After contacting the applicant and/or employer directly, officers should contact ESDC Operational Management and Coordination, Program Integrity Division ) and Immigration Branch, Economic Immigration Policy and Programs Division to help National Headquarters identify and address program integrity issues.
Officers should include the following information in their e-mail:
the CIC immigration file number;
the ESDC system file number;
name of the applicant;
name of the employer;
identity of any third parties (if known);
the reason(s) for the concerns and suspected fraud; and
any additional information about the applicant and/or employer that is considered relevant in the context of the suspected fraud.
11.6. Adaptability
Pursuant to R83, officers should assess the application and award the applicant up to a maximum of 10 points for adaptability as follows:
Adaptability criteria
Points
R83(1)(a): Language proficiency (accompanying spouse or common-law partner)
Award five points if the accompanying spouse or common-law partner, other
5
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than a permanent resident residing in Canada or a Canadian citizen, has a level of proficiency in either official language at CLB 4 level or higher in all four language skill areas (speaking, listening, reading and writing).
To be eligible for points, the principal applicant must provide original language test results for their accompanying spouse or common-law partner from a designated testing agency that are no more than two years old at the time of application to the CIO.
CLB 4 test results for each designated testing agency are as follows:
CELPIP = 2H for each language ability
IELTS = 4.0 (Speaking), 4.5 (Listening), 3.5 (Reading), 4.0 (Writing)
TEF = 181 (Speaking – expression orale), 145 (Listening – compréhension orale), 121 (Reading – compréhension écrite), 181 (Writing – expression écrite)
R83(1)(b): Previous study in Canada (principal applicant)
Award five points if the principal applicant completed at least two academic years of full-time study (in a program of at least two years in duration) at a secondary or post-secondary institution in Canada.
To be eligible for points, the principal applicant must have remained in good academic standing (as defined by the institution) during the period of full-time study in Canada. The applicant is not required to have obtained an educational credential for completing a program in Canada; they simply must have completed at least two years of study in a program of at least two years in duration.
5
R83(1)(b.1): Previous study in Canada (accompanying spouse or common-law partner)
Award five points if the accompanying spouse or common-law partner, other than a permanent resident residing in Canada or a Canadian citizen, completed at least two academic years of full-time study (in a program of at least two years in duration) at a secondary or post-secondary institution in Canada.
To be eligible for points, the accompanying spouse or common-law partner must have remained in good academic standing (as defined by the institution) during the period of full-time study in Canada. The spouse or common-law partner is not required to have obtained an educational credential for completing a program in Canada; they simply must have completed at least two years of study in a program of at least two years in duration.
5
R83(1)(c): Previous work in Canada (principal applicant)
Award ten points if the principal applicant completed at least one year of full-time work in Canada authorized under a work permit or under R186 in an occupation that is listed in Skill Type 0 (Managerial occupations), Skill Level A (Professional occupations) or B (Technical occupations and skilled trades) of the NOC.
10
R83(1)(c.1): Previous work in Canada (accompanying spouse or common-law
5
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partner)
Award five points if the accompanying spouse or common-law partner, other than a Canadian citizen or permanent resident residing in Canada, completed at least one year of full-time work in Canada authorized under a work permit or under R186.
R83(1)(d): Relatives in Canada
Award five points if the principal applicant or accompanying spouse or common-law partner has a relative (parent, grandparent, child, grandchild, sibling, aunt/uncle, or niece/nephew) who is 18 years of age or older as of the date of application and who is a Canadian citizen or permanent resident residing in Canada.
Note: Points for relatives in Canada may be awarded only once – either to the principal applicant or the accompanying spouse or common-law partner, but not to both.
5
R83(1)(e): Arranged employment (principal applicant only)
Award five points if the principal applicant has been awarded points for arranged employment in Canada under R82(2).
5
12. Procedure: Making the final selection decision
R76(2) empowers the Minister to set the “minimum number of points required of a skilled worker” – or, as it is commonly known, the “pass mark.”
Visa officers will make a final selection decision for applications that are assessed by the CIO as meeting the pass mark set by the Minister. The visa office will review the application in detail, along with the case analysis provided by the CIO, and will make the final selection decision based on the total points earned by the applicant for the selection factors described in Section 11.
If the applicant’s total score is equal to or greater than the pass mark set by the Minister, then the visa officer will make a positive selection decision, and proceed to determining admissibility (Section 13).
If the applicant’s total score is less than the pass mark set by the Minister, then the visa officer will make a negative selection decision, record the outcome and reasons in GCMS, and send a letter to inform the applicant that their application has been refused for insufficient points (see Appendix C for sample letter).
Note: Officers may choose to exercise their authority for substituted evaluation in respect of the points assessment and the final selection decision. For more information, refer to section 12.2.
and party until you land in canada 8)